Written Answers Wednesday 17 September 2008

Scottish Executive

2014 Commonwealth Games

Jim Hume (South of Scotland) (LD): To ask the Scottish Executive how Dumfries will benefit from the 2014 Glasgow Commonwealth Games, detailing those benefits and showing the knock-on effects on local projects and investments.

Stewart Maxwell: I refer the member to the answer to question S3W-15672 on 2 September 2008. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at http://www.scottish.parliament.uk/webapp/wa.search .

Ambulance Service

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive what budget has been allocated to the Scottish Ambulance Service for (a) 2007-08, (b) 2008-09, (c) 2009-10 and (d) 2010-11.

Shona Robison: The Scottish Ambulance Service baseline budget for 2007-08 was £177.794 million and for 2008-09 was £183.394 million. The increase represents a 3.15% uplift.

  Budgets for forward years have not yet been set.

Antisocial Behaviour

John Lamont (Roxburgh and Berwickshire) (Con): To ask the Scottish Executive how many antisocial behaviour orders have been applied for by registered social landlords and subsequently granted in each year since their introduction, broken down by local authority area.

Fergus Ewing: I have asked Karen Watt, Chief Executive of the Scottish Housing Regulator to respond. Her response is as follows:

  The following table details the number of antisocial behaviour orders (ASBO) that have been applied for by registered social landlords (RSLs) and subsequently granted in each year since their introduction.

  

ASBO
2003-04
2004-05
2005-06
2006-07*
2007-08*


Applied For
33
55
55
69
58


Granted
23
40
40
57
48



  Source: Communities Scotland / Scottish Housing Regulator annual performance statistical returns.

  Note: *Includes interim ASBOs.

  Communities Scotland and subsequently the Scottish Housing Regulator only started to collect information on the number of ASBOs applied and granted by local authority area from 2005-06.

  The following table details the number of antisocial behaviour orders that have been applied for by RSLs and subsequently granted in each year from 2005-06 to 2007-08, by local authority area.

  

 Local Authority
 2005-06
 2006-07*
 2007-08*


 Applied
 Granted
 Applied
 Granted
 Applied
 Granted


 Aberdeen City
 0
 1
 2
 2
 1
 1


 Aberdeenshire
 2
 1
 2
 2
 0
 0


 Angus
 0
 0
 2
 2
 0
 2


 Argyll and Bute
 0
 0
 2
 2
 2
 0


 Clackmannanshire
 0
 0
 2
 2
 3
 3


 Dumfries and Galloway
 9
 7
 14
 10
 13
 10


 Dundee City
 2
 2
 6
 4
 1
 2


 East Ayrshire
 1
 1
 0
 0
 2
 0


 East Dunbartonshire
 0
 0
 0
 0
 0
 0


 East Lothian
 0
 0
 6
 3
 0
 0


 East Renfrewshire
 0
 0
 0
 0
 0
 0


 Edinburgh, City of
 5
 4
 6
 6
 1
 1


 Eilean Siar
 0
 0
 0
 0
 0
 0


 Falkirk
 0
 0
 2
 0
 1
 1


 Fife
 4
 4
 7
 6
 5
 2


 Glasgow
 20
 6
 15
 14
 12
 11


 Highland
 1
 1
 0
 0
 0
 0


 Inverclyde
 0
 0
 0
 0
 0
 0


 Midlothian
 1
 1
 1
 1
 0
 0


 Moray
 0
 0
 0
 0
 0
 0


 North Ayrshire
 0
 0
 1
 0
 0
 0


 North Lanarkshire
 4
 4
 0
 2
 0
 0


 Orkney Islands
 0
 0
 0
 0
 0
 0


 Perth and Kinross
 2
 2
 1
 1
 1
 0


 Renfrewshire
 0
 0
 0
 0
 0
 0


 Scottish Borders
 3
 3
 0
 0
 13
 13


 Shetland Islands
 0
 0
 0
 0
 0
 0


 South Ayrshire
 0
 2
 0
 0
 0
 0


 South Lanarkshire
 1
 1
 0
 0
 0
 0


 Stirling
 0
 0
 0
 0
 0
 0


 West Dunbartonshire
 0
 0
 0
 0
 1
 0


 West Lothian
 0
 0
 0
 0
 2
 2


 Total
 55
 40
 69
 57
 58
 48



  Source: Communities Scotland / Scottish Housing Regulator annual performance statistical returns.

  Note: *Includes interim ASBOs.

Care Commission

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive whether it is committed to continuing the self-financing of the Care Commission.

Shona Robison: The work of the Care Commission is being considered as part of the Scottish Government’s response to the Independent Review of Regulation Audit, Inspection and Complaints Handling of Public Services in Scotland undertaken by Professor Lorne Crerar last year. It will be important to await the outcome of these considerations before taking any decisions on the basis of funding of the Care Commission.

Census

Patrick Harvie (Glasgow) (Green): To ask the Scottish Executive what discussions have taken place with the Registrar General for Scotland regarding the replacement of the census with an identity register.

John Swinney: The Registrar General for Scotland and the Minister for Energy, Enterprise and Tourism have discussed informally the scope for providing improved census-type information, for instance through some form of register covering the whole population. But, as I said in reply to answer to question S3W-15894 on 3 September 2008, there are no plans to replace the census.

  All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at http://www.scottish.parliament.uk/webapp/wa.search.

Civil Service Relocation

Peter Peacock (Highlands and Islands) (Lab): To ask the Scottish Executive whether a case study has been carried out to assess the economic benefit gained by rural areas where government jobs have been relocated.

Peter Peacock (Highlands and Islands) (Lab): To ask the Scottish Executive what benefits previous relocations of government or agency jobs have brought to rural areas, such as Tiree.

John Swinney: No case studies were commissioned by the previous administration in respect of the impact of its relocation policy. The new government’s policy recognised that relocations under the Small Units Initiative had brought high quality jobs to remote and rural areas and on that basis the government therefore remain committed to considering the potential relocation of small units.

Civil Service Relocation

Peter Peacock (Highlands and Islands) (Lab): To ask the Scottish Executive how many relocations of government or agency jobs to the Highlands and Islands are currently being considered.

John Swinney: The new approach to relocation policy announced by the Scottish Government in January 2008 set out the criteria which would lead to consideration of relocation for individual organisations. The application of those criteria to individual relocations is kept under constant review.

Civil Service Relocation

Peter Peacock (Highlands and Islands) (Lab): To ask the Scottish Executive whether it plans to change the criteria defining a small unit under the Small Units Initiative.

John Swinney: There are no plans to review the interpretation of small units for the purposes of the Small Units Initiative.

Civil Service Relocation

Peter Peacock (Highlands and Islands) (Lab): To ask the Scottish Executive whether it will publish a list of small units eligible for consideration under the Small Units Initiative and provide dates when their location may become due for review.

John Swinney: The identification of individual small units that are potential candidates for relocation under the Small Units Initiative will be an on-going process influenced by a range of factors including value for money, operational effectiveness, organisational restructuring opportunities and human resource issues. Given the rolling nature of the process it would not therefore be possible to publish a list of small units.

  The government is committed to ensuring that decisions about the relocation of individual bodies will follow an open and transparent process that shows that there are efficiencies for Scotland.

Crime and Disorder Act 1998

Patrick Harvie (Glasgow) (Green): To ask the Scottish Executive how many charges recorded as racially aggravated under section 96 of the Crime and Disorder Act 1998 have been (a) reported to procurators fiscal by police, (b) prosecuted, (c) marked for no proceedings and (d) disposed of in other ways in each year since 2003-04.

Elish Angiolini QC: The following table shows the number of charges reported to the Crown Office and Procurator Fiscal Service with a racial aggravation recorded and how these charges were dealt with.

  Charge Aggravations: Racial1,2,4

  

 Non-Racial Charges with a Racial Aggravation Recorded
 2003-04
 2004-05
 2005-06
 2006-07
 2007-08


 a. Total Charges Reported
 984
 1,394
 1,492
 1,580
 1,635


 b. Court Proceedings
 749
 1,089
 1,208
 1,287
 1,352


 c. No Action
 43
 70
 71
 49
 64


 d. Direct Measures
 85
 92
 98
 87
 87


 e. Not a separate charge3
 107
 143
 115
 157
 150



  Notes:

  1. The information in this table has been extracted from the Crown Office and Procurator Fiscal Service’s Case Management Database. The database is a live, operational database used to manage the processing of reports submitted to procurators fiscal by the police and other reporting agencies. If a Procurator Fiscal amends a charge submitted by a reporting agency the database will record details only of the amended charge.

  2. The database is charge-based. The figures quoted therefore relate to the number of charges rather than the number of individuals charged or the number of incidents that gave rise to such charges.

  3. The charges referred to at (e) were not included as separate charges in any court proceedings or other action, but action was taken in relation to other charges against the accused.

  4. The table reflects the position at 9 September 2008.

Criminal Law (Consolidation) (Scotland) Act 1995

Patrick Harvie (Glasgow) (Green): To ask the Scottish Executive how many charges brought under section 50A of the Criminal Law (Consolidation) (Scotland) Act 1995 have been (a) reported to procurators fiscal by police, (b) prosecuted, (c) marked for no proceedings and (d) disposed of in other ways in each year since 2003-04.

Frank Mulholland QC: The following table shows the number of charges reported to the Crown Office and Procurator Fiscal Service under Section 50A of the Criminal Law (Consolidation) (Scotland) Act 1995, and how these charges were dealt with.

  Charges: Criminal Law (Consolidation) (Scotland) Act 1995, Section 50A1, 2, 4

  

 Statutory Racial Charges
 2003-04
 2004-05
 2005-06
 2006-07
 2007-08


 a. Total Charges Reported
 2,323
 2,598
 2,761
 2,766
 2,698


 b. Court Proceedings
 1,846
 1,967
 2,143
 2,185
 2,164


 c. No Action
 135
 162
 138
 121
 140


 d. Direct Measures
 222
 260
 271
 231
 203


 e. Not a Separate Charge3
 120
 209
 209
 229
 191



  Notes:

  1. The information in this table has been extracted from the Crown Office and Procurator Fiscal Service’s case management database. The database is a live, operational database used to manage the processing of reports submitted to procurators fiscal by the police and other reporting agencies. If a Procurator Fiscal amends a charge submitted by a reporting agency the database will record details only of the amended charge.

  2. . The database is charge-based. The figures quoted therefore relate to the number of charges rather than the number of individuals charged or the number of incidents that gave rise to such charges.

  3.The charges referred to at (e) were not included as separate charges in any court proceedings or other action, but action was taken in relation to other charges against the accused.

  4. The table reflects the position at 9 September 2008.

Criminal Law (Consolidation) (Scotland) Act 1995

Patrick Harvie (Glasgow) (Green): To ask the Scottish Executive how many charges recorded as aggravated by religious prejudice under section 74 of the Criminal Justice (Scotland) Act 2003 have been (a) reported to procurators fiscal by police, (b) prosecuted, (c) marked for no proceedings and (d) disposed of in other ways in each year since 2003-04.

Frank Mulholland QC: The following table shows the number of charges reported to the Crown Office and Procurator Fiscal Service with a religious aggravation recorded and how these charges were dealt with.

  Charge Aggravations: Religious1,2,5

  

 Charges with a Religious Aggravation
 2003-044
 2004-05
 2005-06
 2006-07
 2007-08


 a. Total Charges Reported
 271
 479
 704
 693
 610


 b. Court Proceedings
 240
 425
 625
 601
 529


 c. No Action
 12
 11
 26
 11
 16


 d. Direct Measures
 11
 22
 26
 22
 32


 e. Not a separate charge3
 8
 21
 27
 59
 33



  Notes:

  1. The information in this table has been extracted from the Crown Office and Procurator Fiscal Service’s Case Management Database. The database is a live, operational database used to manage the processing of reports submitted to procurators fiscal by the police and other reporting agencies. If a Procurator Fiscal amends a charge submitted by a reporting agency the database will record details only of the amended charge.

  2. The database is charge-based. The figures quoted therefore relate to the number of charges rather than the number of individuals charged or the number of incidents that gave rise to such charges.

  3. The charges referred to at (e) were not included as separate charges in any court proceedings or other action, but action was taken in relation to other charges against the accused.

  4. The use of religious aggravations commenced on 27 June 2003, part way through the 2003-04 financial year.

  5. The table reflects the position at 9 September 2008.

Criminal Law (Consolidation) (Scotland) Act 1995

Patrick Harvie (Glasgow) (Green): To ask the Scottish Executive how many charges brought under section 13(9) of the Criminal Law (Consolidation) (Scotland) Act 1995 have been (a) reported to procurators fiscal by police and (b) prosecuted in each year since 2003-04.

Frank Mulholland QC: The Crown Office and Procurator Fiscal Service has not received any reports containing charge(s) under Section 13(9) of the Criminal Law (Consolidation) (Scotland) Act 1995.

Culture

Rob Gibson (Highlands and Islands) (SNP): To ask the Scottish Executive what it estimates the current value of works of art on loan to the national collections to be.

Linda Fabiani: I have referred this question to the national collections and they will respond direct to the member on this matter.

Enterprise

Stuart McMillan (West of Scotland) (SNP): To ask the Scottish Executive what financial assistance has been provided to develop the infrastructure for the sailing industry in each of the last nine years.

Jim Mather: Financial assistance to develop the infrastructure for the sailing industry in Scotland has been provided by a range of organisations including Scottish Enterprise, Highlands and Islands Enterprise (HIE), local authorities and sportscotland. Infrastructure support for the sailing industry by HIE over the last nine years is just over £0.5 million. HIE financial assistance for facilities for leisure boating for the same period is nearly £3 million. Scottish Enterprise assistance to the marine leisure industry over the last nine years is just over £1.3 million. Exact figures for sportscotland and local authority support are not held centrally.

Enterprise

Stuart McMillan (West of Scotland) (SNP): To ask the Scottish Executive what financial assistance has been provided to develop facilities for leisure boating in each of the last nine years.

Jim Mather: Financial assistance to develop the boating and sailing industry in Scotland has been provided by a range of organisations including Scottish Enterprise, Highlands and Islands Enterprise (HIE), local authorities and sportscotland. Infrastructure support for the sailing industry by HIE over the last nine years is just over £0.5 million. HIE financial assistance for facilities for leisure boating for the last nine years is nearly £3 million. Scottish Enterprise assistance to the marine leisure industry over the last nine years is just over £1.3 million. Exact figures for sportscotland and local authority support are not held centrally.

Enterprise

Stuart McMillan (West of Scotland) (SNP): To ask the Scottish Executive what plans there are to provide financial assistance to the marine leisure industry.

Jim Mather: Scottish Enterprise (SE) will be providing support for sailing infrastructure developments in Stranraer and Largs. SE continues to work with Clyde Waterfront Strategic Partnership to exploit opportunities to increase marine leisure opportunities on the Clyde. Further information on these projects can be found at www.clydewaterfront.com

  The marine leisure sector is recognised by Highlands and Islands Enterprise as a growth sector and a product development opportunity in line with the tourism framework for change strategy. Future plans include a European project to develop sailing between Ireland and the west coast of Scotland, 12 projects, mainly infrastructure, for Argyll and Lochaber, work by Scottish Development International to attract appropriate inward investment and a study to identify the opportunities for marina destination infrastructure developments within Scotland.

  VisitScotland will continue to market Scotland’s sailing product through marketing and PR activity such as their dedicated website, http://sail.visitscotland.com/, the production of a sailing brochure, specific advertising campaigns, and promotion of sailing events.

Enterprise

Stuart McMillan (West of Scotland) (SNP): To ask the Scottish Executive how it plans to support initiatives such as the Sail Clyde strategy.

Jim Mather: The Scottish Government will monitor the work of the Sail Clyde steering group to facilitate the implementation of Sail Clyde strategy by all its stakeholders.

Flooding

Peter Peacock (Highlands and Islands) (Lab): To ask the Scottish Executive whether spending is increasing on the maintenance of road ditches and on keeping culverts, drains and ditches clear in order to reduce the risk of flooding.

Stewart Stevenson: Overall funding to local government is increasing by 13.1% over 2008-11. The responsibility for allocating funds for specific projects rests with the councils. All funding allocations are decided on a needs-based formula which was agreed with COSLA.

  Along with increasing funding to local authorities and through our joint concordat between national and local government we have also considerably reduced the level of ring fencing around funding streams, stepping back from micro-managing local authorities and giving them more freedom and flexibility in allocating their resources as they best see fit, including road ditches, and on keeping culverts, drain and ditches clear in order to reduce the risk of flooding.

General Practitioners

Dr Richard Simpson (Mid Scotland and Fife) (Lab): To ask the Scottish Executive, further to the answer to question S3W-15136 by Shona Robison on 18 August 1008, what steps it is taking to ensure equity of access to GPs for patients across Scotland and, in particular, in areas such as Fife, Lanarkshire, Tayside and the Borders, where practices have opted out of extended hours.

Shona Robison: Now that a majority of GP practices in Scotland are committed to offering extended hours, as at 29 August, 52 per cent of practices are either participating or expected to start shortly, we will be monitoring closely the comparative uptake across board areas.

  As a first step we have asked those boards with lower uptake rates to re-approach GP practices who have declined to take up extended hours, concentrating the discussion on the particular circumstances of each individual practice and how existing flexibilities might be used to make it possible for those practices to participate.

Hospital-Acquired Infection

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive what progress has been made by NHS Greater Glasgow and Clyde in meeting the recommendations in the independent review team report on Clostridium difficile at the Vale of Leven Hospital.

Nicola Sturgeon: Regular meetings take place between NHS Greater Glasgow and Clyde and Scottish Government Officials. The Chief Executive of NHS Greater Glasgow and Clyde will provide progress reports to the chief nursing officer on a monthly basis. Greater Glasgow and Clyde will also discuss progress at their monthly cycle of board meetings. A report will come monthly to either the Performance Review Group or NHS board.

Hospital-Acquired Infection

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive who is involved in the overview group established by NHS Greater Glasgow and Clyde and responsible for implementing the action plan arising from the recommendations of the independent review into Clostridium difficile at the Vale of Leven Hospital.

Nicola Sturgeon: NHS Greater Glasgow and Clyde advise that the group is chaired by the chief executive and includes the board’s medical director, The board’s nurse director, the chief operating officer for the acute division, the head of nursing for acute services, the board’s infection control manager, the Clinical Director for the Public Health Protection Unit and the nurse consultant in infection control. This group is responsible for preparing and providing their progress reports referred to in the answer to question S3W-15692 on 17 September 2008. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at http://www.scottish.parliament.uk/webapp/wa.search .

Hospital-Acquired Infection

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive whether the monthly report by NHS Greater Glasgow and Clyde to the Cabinet Secretary for Health and Wellbeing on the implementation of the action plan arising from the recommendations of the independent review into Clostridium difficile at the Vale of Leven Hospital will be published.

Nicola Sturgeon: The monthly reports will be published on the board’s website.

Hospital-Acquired Infection

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive, further to the answer to question S3W-14361 by Nicola Sturgeon on 14 July 2008, why no infection outbreak team was convened at the Vale of Leven Hospital between December 2007 and June 2008.

Nicola Sturgeon: A critical issue in the surveillance of Clostridium difficile cases is in identifying when the number of cases in any one ward breaches an agreed control level in a defined period of time, which would indicate the need for an outbreak control team to be established. Until May 2008 and including the period between January to April 2008 when there was a peak in the new Clostridium difficile cases at the hospital, although daily monitoring of Clostridium difficile prevalence was in place, there was no agreed upper levels to alert local staff of an excess of new cases over a period.

Hospital-Acquired Infection

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive, further to the answer to question S3W-14363 by Nicola Sturgeon on 14 July 2008, when training was provided to staff at the Vale of Leven Hospital on the management of patients with Clostridium difficile and, in particular, whether training has been provided since May 2007.

Nicola Sturgeon: NHS Greater Glasgow and Clyde has advised that in addition to induction training as previously outlined, a training session dedicated to Clostridium difficile was provided for nursing staff at the Vale of Leven Hospital in May 2007.

  Since May 2007, 73 staff from the hospital have also registered for cleanliness champion training.

  Three two-hour sessions a day are also being held for the next two weeks at the hospital. This commenced on Monday 15 September 2008 with 48 staff (all staff groups) attending on the first day.

  Other training to have taken place at the Vale of Leven Hospital includes a Clostridium difficile care bundle education session on 28 August 2008, infection control training for domestic staff on 27 August 2008, hand hygiene audit tool training on 5 September 2008, infection control for physiotherapists on 5 June 2008 and training on statistical process charts on 8 September 2008.

Housing

Johann Lamont (Glasgow Pollok) (Lab): To ask the Scottish Executive whether it will confirm that the funding allocated to registered social landlords for 2008-09 is £85 million less than was allocated for 2007-08.

Stewart Maxwell: The amount of Housing Investment varies across Scotland from year-to-year depending on a number of circumstances including land availability, opportunities to meet identified need and carry-forward commitments from previous years. The initial allocation to Registered Social Landlords (RSLs) for 2008-09 is £64 million less than was allocated in 2007-08. This reflects the tighter overall spending settlement for the Scottish Government in 2008-09. Over £1.5 billion of funding will be made available through the Affordable Housing Investment Programme over the three years

  2008-09 to 2010-11. Funding in 2008-09 and 2009-10 will be augmented by the accelerated funding of up to £100 million announced on 19 August 2008 as part of the Scottish Government’s paper "Responding to the Changing Economic Climate: Further Action on Housing". The resources allocated to RSLs will substantially increase in 2009-10 due to both planned increased spend profiles and the accelerated funding announced on 19 August.

Housing

Jim Tolson (Dunfermline West) (LD): To ask the Scottish Executive what the (a) planned investment and (b) outturn investment was in the Affordable Housing Investment Programme for (i) 2005-06, (ii) 2006-07 and (iii) 2007-08, inclusive of receipts.

Stewart Maxwell: The Affordable Housing Investment Programme planned and outturn investment, inclusive of receipts for 2005-06, 2006-07 and 2007-08 is as follows:

  

 Year
Planned (£ Million)
Outturn (£ Million)


 2005-06
 404
 449


 2006-07
 439
 562


 2007-08
 584
 594

Housing

Jim Tolson (Dunfermline West) (LD): To ask the Scottish Executive, further to the announcement by the Cabinet Secretary for Health and Wellbeing on 25 June 2008 of £25 million for the homeowners’ support fund over two years, how much it anticipates will be spent in 2008-09 and 2009-10 on mortgage rescue.

Stewart Maxwell: £10 million has been allocated for 2008-09. £15 million is the planned expenditure for 2009-10 to fund Mortgage to Rent and other aspects of the new Home Owners Support Fund. However, actual expenditure levels will depend on demand from eligible home owners.

Kinship Care

Dr Richard Simpson (Mid Scotland and Fife) (Lab): To ask the Scottish Executive whether, as part of support for kinship carers, all children placed with kin formally or informally should receive free school meals.

Adam Ingram: Currently all primary and secondary pupils being educated by local authorities, and whose parents or carers are entitled to:

  Income support, or

  Income based job seekers allowance, or

  Are in receipt of child tax credit, but not working tax credit, and whose income is less than £15,575 in 2008-09 as assessed by Her Majesty’s Revenue and Customs

  Are entitled to free school meals.

  As a result of the concordat between the Scottish Government and local government it is intended to extend this entitlement to those parents or carers in receipt of both maximum child tax credit and maximum working tax credit from August 2009 subject to necessary legislation being passed by the Parliament.

Ministerial Meetings

Bill Butler (Glasgow Anniesland) (Lab): To ask the Scottish Executive how many times ministers have met the Grand Orange Lodge of Scotland since 17 May 2007.

Fergus Ewing: There have been no meetings between ministers and the Grand Orange Lodge since 17 May 2007, although officials have been in contact with the organisation.

National Care Standards

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive what action is taken by the Care Commission when a care provider has not complied with the national care standards and this has resulted in recommendations being made.

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive what time period is given for care providers in each category to conform to national care standards, following recommendations by the Care Commission.

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive whether compliance with all national care standards are checked at each care inspection.

Shona Robison: The Care Commission inspects care services against the requirements of the Regulation of Care (Scotland) Act 2001 (the Act), its associated regulations, and taking account of the national care standards.

  The commission takes a proportionate approach to inspection depending on the risk determined by its regulatory support assessment score, its knowledge of care service compliance, regulatory history and complaints activity.

  The commission does not routinely inspect care services against every national care standard at every inspection. However, the standards provide the basis for the commission’s new grading scheme which is based on a number of quality statements within four quality themes. The quality statements are based on the national care standards. This in turn means that if care services are not complying with the national care standards then they will receive a lower grade.

  The commission has a wide range of powers available to it under the Act, and uses these in a proportionate and incremental way to encourage continuous improvement in care services. Making recommendations represents one of the ways in which the Care Commission can do that.

  Recommendations can be made based on the quality statements and the national care standards. Recommendations are not subject to formal legal enforcement action in themselves and therefore do not necessarily result in any follow up action and would not usually require a timescale. It would, however, be open to the Care Commission to follow this up at a subsequent inspection. The commission can also go on to place requirements on a service, which would constitute formal enforcement action if the circumstances dictated.

National Care Standards

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive how many care providers have been closed down as a result of not complying with national care standards following inspection by the Care Commission.

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive what actions are taken in all sectors of care provision to address non-compliance of care providers with national care standards.

Shona Robison: Under the Regulation of Care (Scotland) Act 2001, the Care Commission has a wide range of enforcement powers at its disposal if a care service fails to provide the quality of care which is expected. These powers include: making recommendations on a service during inspection; placing conditions on the registration of a service, and applying to the sheriff for an emergency cancellation of a service’s registration.

  The Care Commission regulates to improve care services, aiming to raise the standards of care. It will use its statutory powers in a proportionate to deliver that aim. Care services can be closed for a number of reasons. Regulatory decisions under the act, including a decision to close a care service, are an operational matter for the Care Commission.

  Information on the number of care providers closed down as a result of non compliance with National Care Standards following an inspection by the Care Commission is not held centrally.

  You can contact the Chief Executive of the Commission at the following address:

  Ms Jacquie Roberts

  Chief Executive Scottish Commission for the Regulation of Care Compass House 11 Riverside Drive Dundee DD1 4NY

  E-mail: Jacquie.roberts@carecommission.com.

National Care Standards

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive what is being done to ensure that people using care services and their carers, relatives and friends are aware of the national care standards they should expect.

Shona Robison: The national care standards are published by Scottish ministers. The standards set out what people using care services, either now or in the future, can expect from care services, and how to raise any concerns they may have.

  The Scottish Government is currently running an awareness raising campaign for the national care standards. The campaign includes a television advert; a promotional leaflet and poster which have been widely distributed to every GP surgery in Scotland as well as day care centres; and a theatre tour promoting the standards, performing in care homes for older people and day care centres across Scotland.

  Copies of the national care standards are available online at:

  www.scotland.gov.uk/health/standardsandsponsorship, or from:

  Blackwell’s Bookshop 53-63 South Bridge EDINBURGH EH1 1YS

  Tel: 0131 622 8283 Fax: 0131 557 8149

  E-mail: Edinburgh@blackwell.co.uk.

National Care Standards

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive how it will ensure that the complaints procedure relating to national care standards is known to all.

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive how the outcomes of inquiries into complaints are made known to those inquiring about access to specific care services.

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive whether it intends to review the system for registering and investigating complaints against care providers.

Shona Robison: The operation of its complaints procedure is an operational matter for the Care Commission.

  The Care Commission is required under section 6 of the Regulation of Care (Scotland) Act 2001 (the Act) to establish a complaints procedure and to investigate complaints against care services; and to keep that procedure under review.

  We have no plans to change the system for investigating complaints against care service providers.

  The commission is also required under the Act to make the procedure public and make it available to anyone who requests it.

  Care services are required through the national care standards to ensure that care service users know how to make a complaint or comment about the service and also ensure that users are aware of the procedure for making formal complaints directly to the commission.

  The Care Commission publishes the type of complaint made against a provider and the overall outcome of its investigations on its website.

National Care Standards

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive what percentage of care providers in each category failed to meet all the regulations in each of the last three years.

Shona Robison: This is an operational matter for the Care Commission under the regulatory framework set out in the Regulation of Care (Scotland) Act 2001, and its associated regulations. The information requested is not held centrally.

  You can contact the Chief Executive of the Commission at the following address:

  Ms Jacquie Roberts

  Chief Executive Scottish Commission for the Regulation of Care Compass House 11 Riverside Drive Dundee DD1 4NY

  E-mail: Jacquie.roberts@carecommission.com.

Oil

Elaine Murray (Dumfries) (Lab): To ask the Scottish Executive whether there is any statutory reason why deliveries of less than 500 litres of oil to residential homes are not permitted.

Jim Mather: The minimum volume of heating oil that can legally be delivered by road tanker, using a mechanical meter, is 500 litres. This is specified by national weights and measures regulations in Statutory Instrument No. 1269:2006. The Measuring Instruments (Liquid Fuel delivered from Road Tankers) Regulations 2006.

  The specification of a minimum delivery volume is due to the accuracy of the meter, below this volume the meter is not sufficiently accurate to meet the requirements in the regulations.

People with Learning Disabilities

Peter Peacock (Highlands and Islands) (Lab): To ask the Scottish Executive whether it considers that support services for adults with learning disabilities are adequate across Scotland.

Peter Peacock (Highlands and Islands) (Lab): To ask the Scottish Executive whether it considers that the levels of service offered in different parts of Scotland to adults with learning disabilities are adequate in all cases.

Peter Peacock (Highlands and Islands) (Lab): To ask the Scottish Executive how it monitors the adequacy of services for adults with learning disabilities across Scotland.

Shona Robison: Under the Scottish Government’s new relationship with local authorities, services will be monitored on the outcomes they deliver for people as demonstrated through the single outcome agreement process and through statutory inspection agencies.

  There are innovative and enabling services delivering quality outcomes for people with learning disabilities across Scotland, but of course there is still room for developing services and sharing existing good practice. The Scottish Consortium for Learning Disability has been funded as a centre of excellence to promote improvement in all services. The partnership in practice network and learning disability subgroup of the Association of Directors of Social Work are currently working together to define measures for assessing outcomes for people with learning disabilities.

People with Learning Disabilities

Peter Peacock (Highlands and Islands) (Lab): To ask the Scottish Executive whether it plans to legislate on matters concerning the support of adults with learning disabilities.

Shona Robison: There are currently no plans for legislation concerning the support of adults with learning disabilities.

  The Adult Support and Protection (Scotland) Act 2007, which comes into force on 29 October 2008, is relevant to the support of some of adults with learning disabilities.

People with Learning Disabilities

Peter Peacock (Highlands and Islands) (Lab): To ask the Scottish Executive whether local authority spending on services for adults with learning disabilities has been growing in each of the past eight years in (a) Scotland as a whole and (b) each local authority area.

Shona Robison: A table showing net revenue expenditure by local authorities on adults with learning disabilities from 2002-03 to 2007-08 has been placed in the Scottish Parliament Information Centre (Bib. number 46536). This shows that spending has been growing in each of these years in Scotland as a whole.

  Data on a comparable basis are not available prior to 2002-03.

People with Learning Disabilities

Peter Peacock (Highlands and Islands) (Lab): To ask the Scottish Executive whether the number of adults assessed as having an adult learning disability is growing.

Peter Peacock (Highlands and Islands) (Lab): To ask the Scottish Executive whether and, if so, how it assesses the potential growth in the number of adults within the broad group of those described as having a learning disability who may require services and whether it assesses this on (a) an all Scotland level or (b) by local authority area.

Peter Peacock (Highlands and Islands) (Lab): To ask the Scottish Executive what conditions are regarded as conditions that may define someone as an adult with a learning disability and whether the incidence of such conditions is growing in the Scottish population.

Peter Peacock (Highlands and Islands) (Lab): To ask the Scottish Executive whether the number of people diagnosed as having conditions that will, or may, give rise to a requirement for support services for adults with learning disabilities is growing.

Peter Peacock (Highlands and Islands) (Lab): To ask the Scottish Executive what its forecasts are for the number of adults who will require services as adults with learning disabilities for each of the next five years and, thereafter, for the period over which such forecasts exist.

Shona Robison: The number of adults with a learning disability known to social care services in Scotland is provided in annual The same as you? returns and can be found at:

  http://www.scotland.gov.uk/Publications/2008/03/20154612/0.

  The definition of learning disability in The same as you? is not based on condition, but on support needs.

  We recognise the importance of forecasting future need and have funded the development of eSAY, a data set for information about people with learning disability and autism spectrum disorder. The Joint Improvement Team has also developed a capacity planning toolkit, which is currently being piloted in Lothian and Grampian. This toolkit supports local health and social care partnerships to use demographic projections to plan services around future needs.

People with Learning Disabilities

Peter Peacock (Highlands and Islands) (Lab): To ask the Scottish Executive what principal changes in services for adults with learning disabilities have taken place since the publication of The same as you?- A review of services for people with learning disabilities .

Shona Robison: The most significant and welcome change in services for people with learning disabilities since publication of The same as you? has been the move for many people from institutional settings to community based support services.

  Annual returns have been submitted from all areas on implementation of The same as you?, which demonstrate the increase in tenancies, personal life plans, local area coordination and alternative day opportunities. The 2007 return can be accessed on the Scottish Government website at: http://www.scotland.gov.uk/Publications/2008/03/20154612/0.

People with Learning Disabilities

Peter Peacock (Highlands and Islands) (Lab): To ask the Scottish Executive whether any new guidance has been issued to, or requirement has been placed on, local authorities on to the provision of services for adults with learning disabilities since the publication of The same as you?- A review of services for people with learning disabilities , designed to meet any of its recommendations.

Peter Peacock (Highlands and Islands) (Lab): To ask the Scottish Executive whether any new guidance has been issued to, or requirement has been placed on, local authorities on the provision of services for adults with learning disabilities since the publication of Changing lives: Report of the 21st Century social work review , designed to meet any of its recommendations.

Shona Robison: There is a requirement for local authorities to produce single outcome agreements and deliver services in line with those agreements. The Scottish Government expects these to outline positive outcomes for all people in receipt of services including those with learning disability.

  Guidance has been issued with regards to some specific services to inform delivery of these outcomes. This includes national guidance on the implementation of local area coordination, one of the key recommendations of The same as you? 

  http://www.scotland.gov.uk/Publications/2008/03/27092411/0.

  Funding has also been allocated this year for a national post to coordinate development of this role across Scotland. In addition, the Scottish Government is currently revising guidance for Community Health Partnerships on learning disability and autism spectrum disorders.

  Guidance has also been issued on implementation of the Adult Support and Protection (Scotland) Act 2007, which relates to all adults "at risk", for the purposes of the act and comes into force on 29 October.

  Two further documents have been issued as part of the work to take forward the Changing Lives recommendations. These are a "Shared Understanding of Personalisation" paper to raise awareness and promote reflection on current practice against the definition and understanding of what personalisation means, and "Principles & Standards of Citizen Leadership". The documents can be found at http://www.socialworkscotland.org.uk/resources/private/Personalisation.pdf and:

  http://www.socialworkscotland.org.uk/resources/pub/CitizenLeadershipPrinciples&StandardsPaper.pdf

People with Learning Disabilities

Peter Peacock (Highlands and Islands) (Lab): To ask the Scottish Executive whether it intends to invite the Social Work Inspection Agency to conduct an inspection of services for adults with learning disabilities.

Shona Robison: The Social Work Inspection Agency (SWIA) and its partners published the report, Multi-agency Inspection of Services for People with Learning Disabilities in Ayrshire , in March 2007. This was the first multi-agency inspection of its type in Scotland. In July 2008, SWIA and its partners carried out a follow-up Ayrshire inspection, to find out if the recommendations in the report had been implemented.

  Scottish ministers have approved further multi-agency inspections of services for people with learning disabilities. SWIA and its partners will use a self-assessment model to carry out these inspections.

People with Learning Disabilities

Peter Peacock (Highlands and Islands) (Lab): To ask the Scottish Executive whether it considers that all support services for adults with learning disabilities can be delivered by all such adults and their carers accepting personal responsibility for the organisation and procurement of their individual care.

Shona Robison: The extent to which people are able to take personal responsibility for the organisation and procurement of their individual care is dependent on the individual case and local circumstances. A range of options are available to adults with learning disabilities in terms of how they wish to receive their care. Self-directed support is one means by which adults with learning disabilities can increase the flexibility, choice and control over their care to enable them to live more independently. The flexibility achieved is such that even those with the most complex and multiple needs can have self-directed support, using the Adults with Incapacity (Scotland) Act 2000 to safeguard their interests. Alternatively, individuals can have a mixed package where they direct some of their support but also have some support organised and procured for them, including day opportunities.

  More generally, work is being done through Changing Lives to raise awareness and understanding of local authorities of personalisation and the need to work with users and carers to design and deliver services to meet their individual needs.

People with Learning Disabilities

Peter Peacock (Highlands and Islands) (Lab): To ask the Scottish Executive whether it considers that adults with more complex support needs will form a greater proportion of all adults with learning disabilities in future years.

Shona Robison: The Health Needs Assessment Report for people with learning disabilities in Scotland (2004) at http://www.healthscotland.com/documents/1040.aspx , reported that social and medical changes have resulted in improved survival and outcomes for children with learning disabilities. This includes those with more complex support needs.

  Information about the support needs of people moving into adult services is available through the pupils census.

Prison Service

George Foulkes (Lothians) (Lab): To ask the Scottish Executive when it expects to respond to the recommendations in Scotland’s Choice - report of the Scottish Prisons Commission .

Kenny MacAskill: The Scottish Government will produce its plans for a coherent penal policy taking account of the findings of the Prisons Commission’s report by the end of the year.

Public Order Act 1986

Patrick Harvie (Glasgow) (Green): To ask the Scottish Executive how many charges brought under sections 18 to 23 of the Public Order Act 1986 have been (a) reported to procurators fiscal by police, (b) prosecuted, (c) marked for no proceedings and (d) disposed of in other ways in each year since 2003-04.

Frank Mulholland QC: The following table shows the number of charges reported to the Crown Office and Procurator Fiscal Service under Sections 18, 19 and 23 of the Public Order Act 1986, and how these charges were dealt with.

  Charges: Public Order Act 1986, Sections 18, 19 and 231,2,4

  

 Public Order Act Offences
 2003-04
 2004-05
 2005-06
 2006-07
 2007-08


 a. Total Charges Reported
 4
 8
 6
 4
 2


 b. Court Proceedings
 2
 1
 3
 3
 -


 c. No Action
 -
 1
 1
 -
 1


 d. Direct Measures
 -
 1
 -
 -
 -


 e. Not a separate charge 3
 2
 5
 2
 1
 1



  Notes:

  1. The information in this table has been extracted from the Crown Office and Procurator Fiscal Service’s Case Management Database. The database is a live, operational database used to manage the processing of reports submitted to procurators fiscal by the police and other reporting agencies. If a Procurator Fiscal amends a charge submitted by a reporting agency the database will record details only of the amended charge.

  2. The database is charge-based. The figures quoted therefore relate to the number of charges rather than the number of individuals charged or the number of incidents that gave rise to such charges.

  3. The charges referred to at (e) were not included as separate charges in any court proceedings or other action, but action was taken in relation to other charges against the accused.

  4. The table reflects the position at 9 September 2008.

Schools

Rhona Brankin (Midlothian) (Lab): To ask the Scottish Executive how many school buildings were deemed to be in Condition Category D (economic life expired and/or risk of failure) in (a) 2006 and (b) 2007 and how it accounts for any difference in the two sets of figures.

Maureen Watt: Data on the school estate was not collected from local authorities in 2006. The School Estate Statistics 2007 were published in July 2007 and are available in the Scottish Parliament Information Centre (Bib. number 46542). They show that there were a total of 137 schools, across the primary, secondary and special sectors, in Condition D at the time of the collection. The 2008 statistics are due to be published on 30 September 2008.

Scottish Government Cabinet

Hugh O'Donnell (Central Scotland) (LD): To ask the Scottish Executive what the total costs were of meetings of the Cabinet held in (a) Dumfries, (b) Inverness, (c) Pitlochry and (d) Skye in August 2008, also broken down by (i) staff time, (ii) staff travel, (iii) staff accommodation, (iv) ministerial accommodation, (v) venue hire and set up and (vi) publicity.

Ted Brocklebank (Mid Scotland and Fife) (Con): To ask the Scottish Executive what the total cost was of Cabinet meetings outside Edinburgh during summer 2008.

Ted Brocklebank (Mid Scotland and Fife) (Con): To ask the Scottish Executive what the total travel costs were for Cabinet members to travel to and from (a) Dumfries, (b) Inverness, (c) Pitlochry and (d) Skye for Cabinet meetings during summer 2008.

Ted Brocklebank (Mid Scotland and Fife) (Con): To ask the Scottish Executive what the total overnight accommodation costs were for Cabinet members in (a) Dumfries, (b) Inverness, (c) Pitlochry and (d) Skye for Cabinet meetings during summer 2008.

Ted Brocklebank (Mid Scotland and Fife) (Con): To ask the Scottish Executive what the total cost was of miscellaneous expenses for Cabinet members in (a) Dumfries, (b) Inverness, (c) Pitlochry and (d) Skye for Cabinet meetings during summer 2008.

Ted Brocklebank (Mid Scotland and Fife) (Con): To ask the Scottish Executive what the total travel costs were for officials to travel to and from (a) Dumfries, (b) Inverness, (c) Pitlochry and (d) Skye for Cabinet meetings during summer 2008.

Ted Brocklebank (Mid Scotland and Fife) (Con): To ask the Scottish Executive what the total overnight accommodation costs were for officials in (a) Dumfries, (b) Inverness, (c) Pitlochry and (d) Skye for Cabinet meetings during summer 2008.

Ted Brocklebank (Mid Scotland and Fife) (Con): To ask the Scottish Executive what the total cost was of miscellaneous expenses for officials in (a) Dumfries, (b) Inverness, (c) Pitlochry and (d) Skye for Cabinet meetings during summer 2008.

Bruce Crawford: As some invoices have yet to be received by the Scottish Government, final figures relating to the cost of the summer Cabinet programme cannot be provided as yet.

Scottish Government Cabinet

Ted Brocklebank (Mid Scotland and Fife) (Con): To ask the Scottish Executive how many officials attended Cabinet meetings in (a) Dumfries, (b) Inverness, (c) Pitlochry and (d) Skye during summer 2008.

Ted Brocklebank (Mid Scotland and Fife) (Con): To ask the Scottish Executive whether any other ministers attended Cabinet meetings in (a) Dumfries, (b) Inverness, (c) Pitlochry and (d) Skye during summer 2008.

Ted Brocklebank (Mid Scotland and Fife) (Con): To ask the Scottish Executive whether the officials of any junior ministers attended Cabinet meetings in (a) Dumfries, (b) Inverness, (c) Pitlochry and (d) Skye during summer 2008.

Bruce Crawford: In order to protect the confidentiality of the proceedings of the Cabinet, and in accordance with long-established practice, the Scottish Government does not disclose details of attendance at individual Cabinet meetings.

Scottish Government Cabinet

Ted Brocklebank (Mid Scotland and Fife) (Con): To ask the Scottish Executive whether it paid for any individuals, other than ministers or officials, to attend Cabinet meetings in (a) Dumfries, (b) Inverness, (c) Pitlochry and (d) Skye during summer 2008.

Bruce Crawford: Other than ministers and officials, the Scottish Government did not make payments to any individuals to attend the Cabinet meetings in Dumfries, Inverness, Pitlochry or Skye, which took place over the 2008 summer recess.

Social Justice

Sandra White (Glasgow) (SNP): To ask the Scottish Executive when it intends to publish its anti-poverty framework following its publication of Taking Forward The Government Economic Strategy: A Discussion Paper on Tackling Poverty, Inequality and Deprivation in Scotland .

Stewart Maxwell: We will publish a Framework to Tackle Poverty, Inequality and Deprivation in Scotland in November of this year.